Premier Soccer League (PSL) soccer team Marumo Gallants has escalated its dispute with the South African Football Association (Safa) by lodging a review application against an arbitration panel ruling that upheld an earlier PSL decision ordering the club to pay more than R800,000 to former midfielder Andile Jali for image rights.
Gallants approached the Johannesburg high court on April 15, arguing that Safa CEO Lydia Monyepao was not authorised to adjudicate the matter.
In an affidavit, club president Abram Sello argues that Monyepao erred in dismissing the club’s appeal without affording them an opportunity to be heard before a decision was taken.
“The decisions violated Marumo Gallants’ constitutional right to a fair procedure and the right to be heard before decisions that may have a negative impact on its rights and interests are taken,” reads the affidavit.
Sello further states that the club will suffer prejudice if the court does not grant the review application.
“Marumo Gallants shall suffer severe prejudice if the review is not heard and granted. It will sustain financial losses because of the payment of the awards that we believe were incorrectly granted,” the papers read.
The dispute stems from a 2024 ruling by the PSL’s dispute resolution committee, which found in Jali’s favour on the issue of image rights. However, the committee dismissed his broader claim for contractual damages, ruling that the club owed him nothing in relation to his participation in a strike in December 2023.
Sello maintains that the club complied with Safa rules when lodging its appeal, including paying the required R30,000 deposit.
“The appeal was compliant, and the club paid the required deposit as stated in the Safa disciplinary code. Some payments were made directly by Marumo Gallants and others by its legal representatives,” reads the affidavit.
He further argues that, in terms of Safa regulations, the CEO’s role is not to adjudicate disputes but to facilitate the appointment of an arbitrator.
“On receipt of a request for arbitration, the CEO shall provide a list of three names of possible arbitrators from which one person shall be chosen by mutual consent of the parties involved in the dispute,” the affidavit states.
It adds that in matters relating to the PSL, the arbitrator must be a senior counsel, and if the parties cannot agree, the CEO may appoint one, with that decision being final.
Sello contends that Monyepao overstepped this role, rendering the process procedurally flawed.
He also states that the club submitted its appeal to Safa within the prescribed 72-hour period.
“The constitution of Safa, its regulations, including the National Soccer League handbook, are subject to the Constitution of the Republic of South Africa. The decision taken by the CEO of Safa is therefore unconstitutional and unlawful for violating Marumo Gallants’ constitutional rights to be heard and its freedom of association,” reads the affidavit.
Meanwhile, the PSL’s dispute resolution committee has also found Marumo Gallants liable for approximately R5m owed to former coach Musa Nyatama in outstanding salaries.
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